CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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shield. I think I can not agree more with that submission! The Record of the trial court is unequivocally clear as regards the state of the pleadings, the submissions of the parties learned counsel and vis-a-vis the findings, and consequential orders of the learned trial judge thereupon. See most especially page 48 of the Record wherein the learned trial judge appraised the issue at stake, most particularly regarding the contents of Exhibit AG8 thus: "In order to fully appreciate the issue in controversy I set out hereunder the contents of the said Exhibit AG8. It reads: RETIREMENT FROM THE IMO STATE GOVERNMENT SERVICE. I am directed to convey the civil service commission's approval for you to retire from the Civil service with retrospective effect from 7th June 1997 after 35 years of service. This i1 on grounds of public interest in accordance with section 3 (i) (g) of the pensions Act of 1979. 2. Since the overstay was culpable on you, all salaries and allowances pied to you after 6th June, 1997 should be deducted en bloc from your gratuity. 3. In view of the above, you should surrender your duty and all items of Government property in your possession to the most senior Administrative offer in the Exco secretariat. 4. You are to submit your retirement/pension papers for necessary actions. 33
Contrary to the contention of the Appellant learned counsel in the Reply Brief thereof at paragraph 5.03, its rather obvious that as rightly postulated by the learned senior counsel that under the provisions of section 3 (1) (g) of the pension Act (supra) the Respondent would not be entitled to any pension or gratuity. The provisions of the said section 3 (1) (g) of the pension Act (supra) are to the effect that: "3.(1) No pension or gratuity shall be granted under this Act to any officer except on his retirement from the public service in any of the circumstances that is (g) If he is required by the Federal Civil Service Commission to retire on the ground that his retirement is in the public interest;" Most undoubtedly, the implication of section 3 (i) (g) of the pensions Act (supra) is that for the Respondent to quality, to be entitled to pension or gratuity under paragraph (g) -- (i) The Federal Civil Service Commission must have required him to so retire on the ground that his retirement is in the public interest. (ii) That he is a staff or employee of the Federal Civil Service." From the foregoing postulation, its rather obvious that the Appellants reliance on the said section 3 (1) (g) of the pensions Act in retiring the Respondent on the alleged "ground of public interest" is rather fallacious and highly preposterous, to say the least. Thus my inevitable answer to issue No 3 no doubt in the affirmative. 34
Page 2 and 3: CIVIL SERVICE COMMISSION IMO STATE
Page 4 and 5: 2 PRACTICE AND PROCEDURE - MISTAKE
Page 6 and 7: 4 CONSTITUTIONAL LAW - RIGHT TO FAI
Page 8 and 9: He later in l980 applied for and wa
Page 10 and 11: the form designated for fresh appoi
Page 12 and 13: See pages 2 -5 of the Record. It's
Page 14 and 15: hereby quashed: (b) Whether the cou
Page 16 and 17: counsel who prepared the Notice did
Page 18 and 19: than 2003 is, with due respect no d
Page 20 and 21: that the party was entitled to be h
Page 22 and 23: On the other hand, the submission o
Page 24 and 25: 1st Appellant to communicate the de
Page 26 and 27: prejudice to the powers vested in t
Page 28 and 29: or citizens, and having the duty to
Page 30 and 31: nor in technicalities. These should
Page 32 and 33: This issue is said to have been dis
Page 36 and 37: And also hold. Hence, in the final
Page 38: E. C. AGUTA (MRS) For Appellants M.

CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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